[2015] KEHC 2616 (KLR)
The court determined that it would be legally inappropriate for a judge who did not conduct the trial to write and deliver the judgment. Since Hon. Mr Justice Wakiaga concluded the hearing and set the date for judgment, he is the proper judicial officer to complete the matter. The file is therefore to be transmitted...
Source-derived case information.
- Citation
- [2015] KEHC 2616 (KLR)
- Parties
- Respondent: Republic; Applicant: Gregory Ngunia Mwangi alias Maina Mwangi
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 33 of 2009
- Procedural Posture
- Criminal Case / Post Hearing, Pre Judgment
- Outcome
- Judgment deferred; file to be sent to original trial judge for judgment writing and delivery.
- Legal Topics
- Judgment Delivery, Judicial Assignment, Trial Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Respondent
Gregory Ngunia Mwangi alias Maina Mwangi
Applicant
Procedural Posture
Criminal Case / Post Hearing, Pre Judgment
Legal Issues
- 1 Whether it is appropriate for a judge who did not conduct the trial to write and deliver the judgment.
- 2 Proper procedure for delivery of judgment when the trial judge has been transferred.
Ratio Decidendi
The court determined that it would be legally inappropriate for a judge who did not conduct the trial to write and deliver the judgment. Since Hon. Mr Justice Wakiaga concluded the hearing and set the date for judgment, he is the proper judicial officer to complete the matter. The file is therefore to be transmitted to Justice Wakiaga at his new station for the judgment to be written and delivered. This approach upholds the principles of procedural fairness and ensures that the judgment is rendered by the judge who heard the evidence and submissions.
Court Disposition
Judgment deferred; file to be sent to original trial judge for judgment writing and delivery.
Orders
- Deputy Registrar to deliver the file to Hon. Mr Justice Wakiaga at Nairobi for judgment writing.
- Judgment to be delivered on a date to be set by Justice Wakiaga; parties to be notified accordingly.
Full Case Text
Judgment text and source record
19 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
CRIMINAL CASE NO. 33 OF 2009
REPUBLIC
VERSUS
GREGORY NGUNIA MWANGI alias MAINA MWANGI
DIRECTIONS
When I retreated to write the judgment in respect of this case I realised that my predecessor at the station Hon. Mr Justice Wakiaga had concluded the hearing of this case and even set a date for delivery of the judgment.
Ordinarily, when the judgment date is set the file would be taken to the judge’s chambers for the judge to write the judgment. This does not appear to have been the case in respect of this particular matter; it would appear that the file was returned to the registry on 4th July, 2014 when my brother set the judgment date and was only brought before me on 3rd July, 2015 when, being mistaken that it fell upon me to write the judgment I deferred the date for delivery of the judgment to 24th July, 2015, 31st July 2015, 14th August, 2015 and subsequently to 28th August, 2015.
Legally, it would be inappropriate for me to proceed and write the judgment as if I conducted the trial. As noted the trial was concluded by my learned senior brother Wakiaga, J. and since the learned judge had even set a date for judgment he is properly placed, and legally so, to complete the matter and write the judgment. For this reason, I direct the deputy registrar, High Court, Nyeri to deliver this file to Hon Mr Justice Wakiaga at the judge’s new station at Nairobi to write the judgment in respect of this case.
In view of the directions I have given, the judgment in this case will only be delivered on such a date that Justice Wakiaga will inform this court that it is ready for delivery; the accused person, his counsel and the state shall be notified accordingly.
On behalf of the institution of the judiciary, I sincerely regret the delay in the delivery of the judgment as a result of this inadvertent mistake; however, it is only fair to the parties and more particularly to the accused person that the judgment should be written by the judge who concluded his trial. It is so ordered.
Signed, dated and delivered in open court this 2nd day of October 2015
Ngaah Jairus
JUDGE
In the presence of:
Accused: ________________________________________
For the state: ___________________________________
For the accused: ________________________________